Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class

Strategically Limiting Discovery, Resolving Discovery Disputes

Recording of a 90-minute CLE video webinar with Q&A

Conducted on Thursday, March 18, 2021

Recorded event now available

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Course Materials

This CLE course will guide employment litigators to pursue or object to discovery requests in wage and hour class and collective actions and for dealing with discovery disputes that arise throughout the litigation. The panel will discuss how courts interpret and apply the proportionality doctrine to rein in broad discovery requests in wage and hour cases.


Wage and hour class and collective actions are complex and discovery intensive. Discovery requests are often burdensome, seeking information concerning a broad swath of workers. This causes the discovery process to sometimes linger for years and creates a significant expense for employers.

In recent years, courts have emphasized that parties must rein in extensive and expensive discovery requests. Employment litigators are increasingly raising proportionality arguments as a basis for objecting to opposing counsel's discovery requests. Drafters are responding by tailoring requests to anticipate such challenges.

Drafting discovery requests that are likely to withstand burden and proportionality challenges and objections to broad discovery requests is critical for litigators representing employers in wage and hour class and collective actions. Employment litigators must develop and implement effective discovery strategies both before and, as applicable, after certification of the putative class. These strategies often must anticipate the possibility of a future summary judgment motion, further certification practice, and trial on the merits.

Listen as our authoritative panel of employment law attorneys explains effective strategies for pursuing or objecting to discovery requests in wage and hour collective and class actions and resolving discovery disputes that arise during litigation.



  1. Pursuing or objecting to discovery requests in wage and hour collective and class actions
    1. Before conditional collective or class certification
    2. After conditional certification of a collective action
    3. After class certification
  2. Discovery considerations for summary judgment
  3. Discovery considerations for trial
  4. Resolving discovery disputes


The panel will review these and other key issues:

  • What are the most common discovery challenges counsel face when litigating wage and hour collective and class actions--from initiation through resolution of the case?
  • What strategies have been effective in wage and hour collective and class actions for obtaining essential information with the least expense?
  • What is the scope of discoverable evidence before and after certification of the putative class, and how can you limit or best manage discovery?
  • When drafting discovery requests in wage and hour class and collective actions, what should employment counsel consider to ensure that the requests align with the new proportionality standard?


Friedman, Craig
Craig S. Friedman

Jones Day

Mr. Friedman, whose practice focuses on employment law, is a leader in the defense of employment class actions...  |  Read More

Jhaveri-Weeks, William
William C. (Bill) Jhaveri-Weeks

The Jhaveri-Weeks Firm

Mr. Jhaveri-Weeks focuses his practice on public interest class actions, including enforcement of employee-protection...  |  Read More

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